• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Generally, silence of the offeree does not constitute an acceptance of the offer. The reason for this is because acceptance requires that the offeree must express, either by words or by conduct

Extracts from this document...

Introduction

Generally, silence of the offeree does not constitute an acceptance of the offer. The reason for this is because acceptance requires that the offeree must express, either by words or by conduct, the assent to the terms of the offer in the way indicated by the offeror. One of the requirements of a valid acceptance is that it has to be communicated to the offeror. Failure to communicate, being silence or inactive, will not constitute an acceptance of the offer and therefore no valid contract is made. . There is, however, not an absolute rule that silence can never amount to an acceptance. This means that there are exceptions to this rule. For instance, if the offeror has waived communication by indicating that acceptance may be formed by silence or inaction, then under this situation, the acceptance must be characterized by the presence of the intention of the offeree to bind himself to a contractual obligation. ...read more.

Middle

The problem arose because the auctioneer mistakenly sold the horse to someone else. The uncle then sued the auctioneer in the tort of conversion on the basis that the horse belonged to him. However, this was only so if there was a valid contract between uncle and nephew. The court held that there could not be a contract in the circumstances where the uncle imposed a contract by saying "if I hear no more about him I shall consider the horse mine".3 It was not possible for the uncle to unilaterally impose contractual liability on the nephew because of his failure to reply to the offer. As a result, there was no enforceable contract between them and thus the uncle had no claim against the auctioneer. The Judge held that it was not possible for the offeror to waive the need of communication and that silence can never constitute an acceptance. ...read more.

Conclusion

This case shows that judges are starting to relax the view that offeror can waive communication and the rule 'silence can never amount to an acceptance' is not as strictly applied as in Felthouse v Bindley. As a general rule, silence does not constitute an acceptance. Usually, the offeror cannot waive the need of communication by indicating silence will be sufficient as an acceptance. Under some circumstances, however, the court might say that an uncommunicated acceptance is sufficient for a contract providing that the offeree has intention to accept the offer. It all depends on the context in which the party makes the contract. Endnotes 1 Felthouse v Bindley [1862], 11 C.B.N.S. 869 2 Felthouse v Bindley [1862], 11 C.B.N.S. 869 3 Felthouse v Bindley [1862], 11 C.B.N.S. 869 4 Taylor v. Allon [1966] 1 Q.B. 304. ?? ?? ?? ?? 1 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Law of Contract section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Law of Contract essays

  1. Marked by a teacher

    Contract Law - Acceptance.

    4 star(s)

    CASE: Luxor (Eastbourne) Ltd v Cooper (1941) - an owned of land had promised to pay an estate agent �10,000 in commission if the agent was able to find a buyer willing to pay �17,500 for the land. The arrangement was on the terms that are usual between an estate

  2. Marked by a teacher

    Contract Law - Offer And Acceptance

    3 star(s)

    make a contract * Agreement formed when a party accepts an offer made by other, it should be certain and final Type of Contract Termination of Contract * Escape from contract; - mutual / unilateral mistake - Misrepresentation of facts inducing another party - Duress inducing another party - Lack of capacity to contract (infancy, influence of drugs/alcohols/mental illness)

  1. unit3 law of tort

    The factors that Leonard must take into account when establishing whether to bring a claim of private nuisance against Ken. In deciding whether a private nuisance (of either type)

  2. Four ways in which a contract may be discharged.

    employing any other manage continue as a group on their own or seek other employment of a different nature. The Troggs are simple persons, of no business experience, and could not survive without the services of a manager. As a practical matter on the evidence before me, I entertain no

  1. Definitions of Actus reus, mens rea & strict liability

    Fagan v MPC, and Mens Rea is present at some point during its commission. * The second way is a chain or series of events as in the case of Thabo Meli v R. Transferred Malice Mens Rea can be transferred from an intended victim to an unintended one as

  2. Postal Acceptance Rule

    The postal acceptance rule can be displaced if the parties either expressly or by implication from the terms of their contract require that acceptance be received by the offeror. The case by which the rule can be excluded is exemplified by the case of Bressan v Squires.

  1. I have been asked to advise a client on considering contracting with a building ...

    Therefore there was no binding contract. While acceptance must be communicated by the offeree, revocation of offer may be communicated by any third party who is adequately reliable informant. If the offer was made to the entire world, such as Carlill's case, the revocation must take form that is similar to the offer.

  2. Offer and Acceptance

    For example in the case of Carlill v Carbolic Smoke Ball Co. in Mrs. Carlill's situation this would have been when she bought the smoke ball. However, in the Daulia case, the statement was obiter, since the court found that the offeree in the case had completed his performance before the supposed revocation.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work